Bath & North East Somerset Council | ||||
DECISION MAKER: |
Cllr Malcolm Hanney, Deputy Leader of the Council and Cabinet Member for Resources Cllr Charles Gerrish, Cabinet Member for Customer Services | |||
DECISION DATE: |
On or after 26th January 2008 |
PAPER NUMBER |
1 | |
TITLE: |
Possible Disposal of small Part of Twerton Roundhill Local Nature Reserve, Wedmore Park, Southdown, to facilitate the creation of a Building Plot mainly on adjoining land, |
EXECUTIVE FORWARD PLAN REFERENCE: | ||
E |
1564 | |||
WARD: |
Southdown | |||
AN OPEN PUBLIC ITEM | ||||
List of attachments to this report: Appendices: 1. Location Plan | ||||
1 THE ISSUE
1.1 To decide if a parcel of Council owned land measuring 36m2 which currently forms part of the Twerton Roundhill Local Nature Reserve ("LNR") should be de-designated as part of the LNR and sold to the Owner ("the Owner") of a dwelling house immediately adjacent to the northern boundary of the LNR. The alternative option is of course that the land be retained by the Council thus leaving the LNR intact.
2 RECOMMENDATION
The Cabinet member is asked to agree that in the event that the Owner of the adjacent dwelling house is successful in an appeal against the refusal of the planning application submitted by her, that the Council will agree to sell the parcel of land currently situated within the LNR to her in accordance with the principal terms and conditions set out in Paragraphs 3.1 to 3.4 below, and de-designate the land from the LNR to remove its LNR status.
3 FINANCIAL IMPLICATIONS
3.1 The Owner has agreed to pay to the Council the capital sum of £25,000 for the freehold interest in the parcel of land forming part of the LNR subject to the Owner successfully appealing against the refusal of her planning application.
3.2 In addition to this, the Owner has agreed to pay for the provision of a new gate, approved landscaping, new access, new interpretation board for the LNR and new fencing as required by the Council's Parks and Planning Departments. The cost of this is estimated to be £3,700.
3.3 Any costs incurred by the Council in connection with the de-designation of the parcel of land from the LNR will also be paid by the Owner.
3.4 The savings to the Council due to the maintenance and upkeep of this parcel of land are considered to be minimal and of little consequence.
4 THE REPORT
4.1 The Owner approached the Council requesting to buy a parcel of Council owned land measuring approximately 36m2 and situated within the LNR. This land is needed by the Owner to develop land owned by her adjacent to the LNR and to provide two parking places for this development. The proposed development involves the erection of a single detached house.
4.2 The Owner submitted a planning application (07/01076/FUL) for this development which has subsequently been refused by the Council. The reasons for the refusal are as follows:
The proposal would represent over development of the constrained site which would detract from the appearance and character of this area, forming part of the Bath World Heritage Site, and would detract from the amenities of neighbouring residential occupiers, contrary to policies C1, H13, and H15 of the Bath Local Plan, and policies BH1, D2 and D4 of the Bath and North East Somerset Local Plan (including minerals and waste policies) as proposed to be modified 2007.
4.3 The Owner has been considering appealing against refusal of the planning permission but understandably does not wish to incur this expense unless the Council agrees in principle to the sale of this parcel of land to her. .
4.4 Public Notice of the proposed disposal of land forming part of an Open Space under Section 123(2a) of the Local Government Act 1972 was published in the Bath Chronicle on 17th and 25th October 2006 and no objections to this proposal were received.
4.5 If it is agreed that the parcel of land is to be sold to the Owner and her appeal against the refusal of her planning permission is successful then the land will need to be de-designated from the LNR. This is a straightforward legal procedure which removes the land from the LNR removing its LNR status. This would involve the preparation and sealing by the Council of a declaration to the effect that the land would no longer form part of the LNR and as such had been de-designated. Public notice of this would also be needed and the de-designation would need to be done in consultation with Natural England.
4.6 The Council's Ecology Unit has been consulted about the de-designation of this parcel of land from the LNR and they consider that it will not be detrimental to the LNR as a whole. The Council's Natural Environment Team also has no objections to the de-designation of this parcel of land.
4.7 To in response to concerns that disposal of part of an existing LNR may act as a precedent the Council's Countryside Management officer has offered the following observations:
` Local Nature Reserves are statutory sites which are declared not just for their ecological value but also for their value for local people.
Whilst I accept that this particular piece of land has less significant ecological value in comparison with the overall quality of the Local Nature Reserve (LNR), any reduction in the declared area of the LNR could set a precedent. This could then make similar requests for this site or other LNRs in the local authority area difficult to resist in any further applications.'
4.8 A location plan is attached to this report at Appendix 1 and Comprehensive documentation relating to the Owner's planning application and its subsequent refusal is available at Appendices 2 - 4.
4,9 Options
Option 1 To agree that in the event that the Owner is successful in her appeal against the refusal of her planning permission that the Council shall agree to de-designate the land from the LNR and to sell the parcel of land to her in accordance with the principle terms and conditions set out in paragraphs 3.1 - 3.4 above.
Option 2 Not to agree to the de-designation of the land from the LNR and the subsequent sale of the land which would thus leave the LNR intact.
5 RISK MANAGEMENT
5.1 The report author and Cabinet Member have fully reviewed the risk assessment related to the issue and recommendations, in compliance with the Council's decision making risk management guidance.
6 RATIONALE
6.1 It would generate an additional capital receipt to the Council and there would be a nominal reduction in the Council's ongoing maintenance costs due to the slight reduction in the LNR curtilage of the LNR.
6.2 A new gate, approved landscaping, new access, new interpretation board for the LNR and new fencing, would be provided by the applicant.
7 OTHER OPTIONS CONSIDERED
7.1 None.
8 CONSULTATION
8.1 Ward Councillors; Executive Councillor; Other B&NES Services [Heritage & Environment Group - Natural Environment Team; Leisure & Amenity Services] Local Residents.
8.2 Public Open Space Notice within the Bath Chronicle on 17th & 25th October 2006:
Proposed Disposal of Land forming (part of) an Open Space Section 123(2a) Local Government Act 1972 Land at Wedmore Park, Southdown, Bath.
8.3 The Planning Service has been involved in the production of this report, and raised no objection to the possible loss of a peripheral area of the Local Nature Reserve. Their view, it should be noted relates specifically to the anticipated affect on the LNR of a disposal and was not intended to as a comment on the applicant's planning application which could be subject to appeal.
9 ISSUES TO CONSIDER IN REACHING THE DECISION
9.1 Property and Heritage & Environment . The affect on ecology and environment matters generally within the immediate vicinity of a disposal for the use specified.
9.2 Whether a decision to dispose of the land would create a precedent and lead to requests by the owners of other properties with boundaries contiguous with this or other LNRs to be treated similarly.
9.3 The requirement to ensure in the event of a sale the Council receives market value for the land.
9.4 That the concerns of local residents and others are given due consideration.
10 ADVICE SOUGHT
10.1 The Council's Monitoring Officer (Council Solicitor) and Section 151 Officer (Strategic Director - Support Services) have had the opportunity to input to this report and have cleared it for publication.
Contact person |
Richard Mackenzie, Senior Estates Surveyor, Support Services 01225 396362 |
Background papers |
See Appendices |
Please contact the report author if you need to access this report in an alternative format | |